The Economic and Financial Crimes Commission (EFCC) told a Federal High Court yesterday that it will tender the $1million its agents allegedly recovered from the Abuja home of former Chief of Defence Staff (CDS) Alex Badeh.
Prosecution lawyer Rotimi Jacobs (SAN) said this while arguing his counter-affidavit to Badeh’s bail motion. Badeh insists no cash was recovered from his home.
He was arraigned before the court on March 7. Also arraigned was a firm, Iyalikam Nigeria Limited, on a 10-count charge of breach of trust and corruption.
Although Badeh’s lawyer, Samuel Zibri (SAN), denied that money was recovered from his client’s house, Jacobs insisted that he will produce the cash as exhibit before the court next week when the trial begins.
“About N5b is involved in this case. We even saw part of the money in the house, to make matters worse. We will bring the $1m here as exhibit,” Jacobs said while opposing bail to Badeh.
Justice Okon Abang, however, granted him bail.
The judge rejected Jacobs’ objection and held that the grounds on which the prosecution opposed the bail could not overrule the presumption of innocence granted a defendant in a criminal case, as provided under Section 36(5) of the Constitution.
“In the final analysis, and having regard to the amount in the charge, though still in the realm of allegation, the 1st defendant is admitted to bail at N2b and two sureties at N1b each,” Justice Abang said.
He added that each of the sureties must possess landed property in the Federal Capital Territory (FCT), which must be valued at N1b.
The judge said the sureties must submit documents in respect of the property to the court after the court’s registrar and the EFCC must have verified their validity.
The sureties are to swear to affidavit of means while Badeh is to deposit his international and official passports with the court.
The prosecution had, while opposing the bail, accused Badeh of aiding the escape of his wife and son Alex Badeh Jr, who are allegedly linked to the crime for which the ex-CDS is being tried.
An EFCC detective, Yusuf Kassim, said in an affidavit supporting the prosecution’s counter-affidavit, that Badeh’s purported act clogged government’s anti insurgency efforts.
Kassim said: “That the properties referred to were purchased by the applicant through his cronies, agents with the funds released to his office for the fight against insurgency
“Some of the moneys were converted to dollars before being used to purchase the properties so as to disguise the origin of the funds.
“Our investigation also revealed that some of the close associates of the applicant including his wife, son and daughter who also linked with the crime being alleged have all absconded from jurisdiction with the assistance of the applicant so as to avoid being prosecuted.
“In the course of our investigation, Alex Badeh Jr, the son of the applicant, made his statement with the commission and was allowed to go home while he was asked to report back later, but he absconded from jurisdiction with the connivance of the applicant herein and he is now at large.
“Our Lagos office is also investigating the applicant in relation to over N4b he obtained from the Nigerian Maritime Administration and Safety Agency (NIMASA) under fraudulent circumstances.
“The offences being alleged against the defendant border on economic sabotage that strikes at the very foundation of the well-being and existence of Nigeria.
“The security of the Nigerian nation was compromised and the lives of innocent Nigerian soldiers in the battlefront against terrorists were endangered on account of diversion of the funds meant for the security of the nation by the applicant,” Kassim said.
Justice Abang has adjourned till Monday for the commencement of trial.
